Chapter

The History of Scientific and Clinical Images in Mid-to-Late Nineteenth-Century American Legal Culture: Implications for Contemporary Law and Neuroscience

Daniel S. Goldberg

in Law and Neuroscience

Published in print February 2011 | ISBN: 9780199599844
Published online May 2011 | e-ISBN: 9780191725227 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199599844.003.0027

Series: Current Legal Issues

The History of Scientific and Clinical Images in Mid-to-Late Nineteenth-Century American Legal Culture: Implications for Contemporary Law and Neuroscience

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This chapter argues that understanding the history of scientific and clinical imaging evidence is critical to informing analysis of the contemporary role of neuroscientific evidence in American legal culture. Justifying this thesis requires two principal tasks. First, it assesses the epistemic and evidentiary status of scientific and clinical images in late 19th- to early 20th-century American legal culture. Second, it argues that through a deeper understanding of the social and cultural power of the scientific image in shaping contemporary American law of evidence, one is in a better position to evaluate the scope and significance of neuroimaging evidence in American legal culture. More specifically, while many neurolaw scholars warn of the potentially prejudicial effects of neuroimages, there is less scholarship explaining why it is that such neuroimages are any more likely to pose significant risks of undue prejudice than many other forms of scientific and medical evidence.

Keywords: neuroscience; neuroimaging; American legal culture; law of evdience

Chapter.  12041 words. 

Subjects: Medical and Healthcare Law

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